A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, while under the influence of alcohol content of 0.208%, was under the influence of alcohol, was driving a motor vehicle B at the section of about 200 meters from the first Do of the Handong-gu, Goyangdong-gu, Goyang-si to the shooting distance of the 200 meters from the first Do of the Handong-gu, Goyang-si, Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had been punished twice due to drinking driving in the past, and that drinking driving is not dangerous in terms of the risk of causing serious human and physical harm, etc. are elements for sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes all the facts charged in this case and is against the law, and that there are circumstances to consider the drinking driving.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.